Attorney General's News Release

September 1, 1999

Nixon sues federal government to prevent Modoc tribe from taking land into trust in southwest Missouri

Jefferson City, Mo. — Missouri Attorney General Jay Nixon sued the federal government today to prevent the Modoc tribe of Oklahoma from placing Missouri land into trust as Indian land. Nixon filed suit in federal court to prevent the Department of the Interior from approving the trust application, claiming the law which grants the department authority to take land into trust is an overbroad delegation of Congressional power.

Nixon also said the obvious, but unspoken, motivation for taking the land in Newton County into trust is to allow the Modoc tribe to use the land for casino gambling, a violation of the Department's earlier position in Nixon's 1996 lawsuit against the Eastern Shawnee tribe. As a result of that lawsuit, the department ruled that Oklahoma tribes cannot conduct Class III gaming on Missouri land, even if they are taken into trust without the Missouri governor's consent.

"Let's not kid ourselves about the motivation here," Nixon said. "Missouri is one of only a handful of states that allow some form of casino gaming but do not also have Indian trust land. Missouri is a prime target for the expansion of Indian gaming, and I will fight to prevent this expansion.

"Federal Indian gaming laws allow land-based gaming which Missouri voters have specifically rejected," Nixon said. "Although attention naturally focuses on the prospect of Indian gaming, losing this land in trust to the United States government for any use is a severe blow to the state's power. We will fight to ensure that Missouri's laws apply equally everywhere and to every person within our borders."

Nixon also filed an administrative appeal to overturn the department's position that the 68 acres of land in Newton County can be taken into trust by the Modoc tribe. The Newton County Commission was notified Aug. 2 that the Department of Interior had determined to grant the tribe's application. The Attorney General's Office received notice Aug. 27 and immediately began drafting legal challenges which were filed Sept. 1.

In July, Nixon filed comments with the Department of the Interior urging rule changes which would prevent applications of this nature from being granted without state and local consent.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818